HomeMy WebLinkAbout2 - CUP 12-20 (1115 & 1115.5 Seal Way)December 5, 2012
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12 -20
1115; 1115% Seal Way
GENERAL DESCRIPTION
Applicant: ALEXANDER YOFFE
Owner: HAROLD B. ROTHMAN
Location: 1115; 1115'12 SEAL WAY
Classification of RHD -20 (RESIDENTIAL HIGH DENSITY)
Property:
Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT -
TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL
HIGH DENSITY (RHD -20) ZONE.
Environmental Review: THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW, PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF
SMALL STRUCTURES, AND SECTION 15305, MINOR
ALTERATIONS IN LAND USE LIMITATIONS.
Code Sections: CHAPTERS 11.2.05; 11.4.05.135; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
Recommendation: APPROVE CUP 12 -20, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 12 -31.
ZAConditional Use Permits\CUP 12 -20 1115; 1115'/2 Seal Way (Vacation Rental)1CUP 12 -20 1115; 1115 " /2 Seal Way PC State
Report #2 (12- 5- 12).doc
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115% Seal Way
December 5, 2012
FACTS
3
❑ On July 3, 2012, Alexander Yoffe ("the applicant") filed an application with the
Department of Community Development for Conditional Use Permit 12-20 for a
short-term vacation rental property at 1115 and 1115Y2 Seal Way.
❑ The Municipal Code allows short-term vacation rentals within the RHD-20 zone,
subject to conditional use permit approval and subject to the terms of Ordinance
No. 1624-U, which allows the filing of conditional use permit applications for such
uses, provided the application was filed on or prior to October 22, 2012.
❑ In May 2012, the City Council passed an Interim Ordinance amending the terms
and conditions of operation for all new and existing short-term vacation rental
properties within the City.
❑ The Planning Commission opened the public hearing regarding CUP 12-20 on
November 7, 2012. At the public hearing, the Planning Commission received
testimony and due to a request for additional information from staff, continued
the public hearing to the December 5, 2012 regular meeting.
❑ The subject property is described as Orange County assessor's parcel # 199-
071-08; is 30'-0" x 90'-0" in size; and comprises 2,700 square feet in area.
❑ The public rights-of-way abutting the property are a
the front of the property (pedestrian traffic only) an d
of the property that serves as the sole vehicular
garages.
❑ The surrounding land use and zoning are as follows:
19' wide beach boardwalk at
a 15' wide alley at the rear
access to the property and
NORTH: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
SOUTH: Boardwalk; Public Beach.
EAST: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
WEST: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
❑ The property presently consists of a legal, nonconforming, two-story duplex
dwelling. The property is nonconforming due to density (two units on a lot where
today's code would only allow one unit) and substandard off-street parking (two
single-car garages provided where two, two-car garages would be required under
today's code).
2
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115Y2Seal Way
December 5, 2012
❑ The downstairs dwelling unit consists of three bedrooms and one bathroom; the
upstairs dwelling unit consists of three bedrooms and two bathrooms. There is
outdoor patio/deck space provided at the front (beachside) of both units.
❑ There is adequate space to park an automobile in front of the garages, however,
because of the duplex configuration, this could only be utilized if the same or a
related party occupied both units.
❑ As of November 28, 2012, Staff has received one letter in opposition, in
response to the hearing notices that were mailed out and published for the
proposed project.
IBACKGROUND I
Vacation rentals are rather common in Southern California beach communities, as they
often provide an economical lodging alternative for families or larger groups of people,
and generally provide options such as kitchens, recreation areas, and convenient
vehicle parking, amenities that are often not provided with traditional hotel or motel
accommodations.
There are presently twenty-three licensed vacation rental properties within the City.
Sixteen of these vacation rental properties are located on the streets closest to the
beach — Ocean Avenue and Seal Way. All existing, licensed vacation rental properties
began operating as vacation rentals prior to the adoption of Title 11, the Zoning Code.
Prior to the adoption of Title 11, the City had no CUP requirement for vacation rentals;
only the requirement for a business license and payment of Transient Occupancy Tax
("TOT") for the rental property. Thus, there was previously no mechanism in the Zoning
Code to conditionally approve or deny such requests, so long as the property owner
applied for a business license and registered to pay TOT.
Staff has historically received occasional complaints regarding the operation of some
existing vacation rentals in the City and recognized that the proliferation of unregulated
vacation rental properties could potentially undermine the residential character of the
City's neighborhoods. Some of the potential problems created by vacation rentals are
the noise, traffic, parking, and other negative impacts that short term occupancy can
have on neighboring residential uses. During the process of adopting Title 11, it was
therefore proposed that new vacation rentals be conditionally permitted uses within
residential zones. The Planning Commission and City Council approved this
requirement as part of the October 25, 2010 adoption of current provisions of Title 11,
which became effective in January 2011. At that time, Title 11 allowed previously
existing, licensed vacation rentals to continue operating without a CUP as legal,
nonconforming uses provided they maintained the appropriate business license, and (if
I
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2 Seal Way
December 5, 2012
operating in a commercial zone) operated only in conjunction with an approved
commercial use.
As a result of ongoing concerns and issues with some of the licensed and
grandfathered vacation rental properties within the City, in May 2012, the City Council
adopted an interim ordinance that eliminated the 'grandfathering' provision for those
existing vacation rental properties that were previously grandfathered and required that
all existing licensed vacation rental properties be required to obtain a CUP. This
specific application is to allow an existing (previously 'grandfathered') short-term
vacation rental property (renting for periods less than 30 days) within an existing,
attached duplex at 1115 and 111512 Seal Way.
DISCUSSION
=NJ
The purpose of requiring a CUP for a particular use is to allow for special consideration
to ensure that the use can be designed, located, and operated in a manner that will be
compatible with surrounding uses and not interfere with the use and enjoyment of
properties in the vicinity.
Pursuant to the requirements of the Municipal Code, the Planning Commission can only
approve a CUP if it finds, based upon evidence presented at the hearing, that the
proposal as submitted, or as modified, conforms to all of the following criteria as well as
to any other special findings required for approval of use permits in specific zoning
districts:
The proposal is consistent with the General Plan and with any other
applicable plan adopted by the City Council;
2. The proposed use is allowed within the applicable zoning district with use
permit approval and complies with all other applicable provisions of the
Municipal Code;
3. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints;
4. The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood; and
5. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
4
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seal Way
December 5, 2012
Commencing with the adoption of Title 11 in 2010, the City has adopted a series of
regulations and requirements for vacation rentals designed to mitigate and eliminate
any adverse impacts upon neighboring properties and the City at large that might arise
from the use. Those regulations include check-in and check-out times as well as
requirements that renters provide valid government identification, that trash be stored
anywhere other than proper trash containers, and that certain terms be included in each
short term lease. In addition, to ensure compatibility with surrounding uses, the
Commission may impose reasonable conditions in connection with issuance of a CUP.
Applying applicable law to the present application, staff recommends that the
Commission approve a CUP for the subject property, subject to reasonable conditions.
According to the applicants, they have operated a vacation rental on the subject
property since at least 2010. As noted above, staff is unaware of any noise
disturbances or any other adverse impacts that have occurred as a result of the
operation of a vacation rental at this address. There have been no police calls for
service at this address that staff believes are related or potentially related to the
operation of a short-term vacation rental.
Thus, staff believes that a vacation rental, with proper conditions, will be compatible
with the neighborhood and will not adversely affect uses and properties in the
surrounding neighborhood. In addition to the standard conditions that the Commission
has imposed upon each application for a CUP for a vacation rental, staff recommends
the Commission consider imposing the following reasonable conditions due to the size
of the subject property, the physical constraints of the existing duplex, its location, and
other features of the proposed use.
Based on the plan submitted by the applicants, staff recommends that occupancy be
limited to a maximum of not more than six (6) total Occupants per unit and a maximum
of four (4) adults per unit. Staff also recommends that the garage and open parking
space be kept free and clear of any obstructions that would prevent the occupants'
automobiles from utilizing the garage and open parking space for parking at all times.
Staff believes that, if the property owners and potential vacation rental tenants abide by
all City laws, ordinances, and regulations, the continuation of a vacation rental property
at this location would be compatible with the existing development pattern and uses of
the surrounding neighborhood. Staff further believes that the recommended conditions
of approval will prevent adverse impacts associated with a vacation rental property from
occurring, but in the unlikely event that they should occur, the City, through the CUP,
has a means of code enforcement Lip to and including possible revocation of the CUP.
Based on the foregoing, staff believes that the requisite findings for approving a CUP
can be made in this case.
1 The proposal is consistent with the General Plan and Zoning Code, as
they allow the proposed use (short-term vacation rental) subject to
approval of a Conditional Use Permit. The conditions placed on the
9
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2 Seal Way
December 5, 2012
subject request will ensure that the use is not likely to create adverse
noise and other land use impacts.
2. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints, because conditions placed on the subject request will
limit the number of guests staying on the premises, set specific quiet
hours, and mitigate other potential land use impacts that may be created
by short term occupancy,
3. The location, size, design, and operating characteristics of the proposed
use would be compatible with and would not adversely affect uses and
properties in the surrounding neighborhood because of the conditions
placed on its operation.
4. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
�IOI II 1111111 I
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-20, subject to conditions as proposed and as may be amended by the Planning
Commission.
Staff's recommendation is based upon the belief that positive findings can be made for
all findings of approval as required by applicable sections of the Zoning Code.
For: December 5, 2012
fr e Vera, AICP
S io, lanner, Department of Community Development
Attachments: (4)
Attachment 1: Resolution No. 12-31, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
20, to allow a short-term vacation rental property, within the
0
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seal Way
December 5, 2012
Residential High Density (RHD-20) zone at 1115 and 11151/2
Seal Way, Seal Beach.
Attachment 2: Interim Ordinance Number 1619-U regarding short-term
vacation rental properties.
Attachment 4: Project Plans
ATTACHMENT 1
RESOLUTION NUMBER 12-31, ♦ RESOLUTION
• THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT NO. 12-20, TO ALLOW A SHORT-
TERM VACATION RENTAL PROPERTY, WITHIN
THE RESIDENTIAL HIGH DENSITY (RHD-20)
ZONE AT 1115 AND 11151/2 SEAL WAY, SEAL
BEACH.
7
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115Y2 Seal Way
December 5, 2012
A RESOLUTION • THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-20,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 1115 AND 1115Y2
SEAL WAY, SEAL BEACH
TME PLANNING COMMISSION OF THE CITY • SEAL BEACH DOES
HEVEBY F1
Section 1. On July 3, 2012, Alexander Yoffe ("the applicant") filed an
application for Conditional Use Permit (CUP) 12-20 with the Department of Community
Development.
Section 2. The applicant is requesting a CUP for the operation of a short-term
vacation rental property within the Residential High Density (RHD-20) zone at 1115 and
111512 Seal Way.
Section 3. Pursuant to Title 14 Calif. Code of Regs. §15303 and §15305, staff
has determined as follows: The application for Conditional Use Permit 12-20 for the
requested land use entitlement for a proposed short-term vacation rental property is
categorically exempt from review pursuant to the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on November 7, 2012, to consider the application for Conditional Use
Permit No. 12-20. At the public hearing the Planning Commission received written and
oral evidence on the proposed project, requested additional information from staff, and
continued the public hearing to the regular Planning Commission meeting of December
5, 2012.
Section 5. The record of the public hearing of December 5, 2012 indicates the
following:
a. On July 3, 2012, the applicant filed an application for Conditional Use
Permit 12-20 with the Department of Community Development.
8
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115% Seal Way
December 5, 2012
b. The applicant is requesting approval to operate a short-term vacation
rental property within the Residential High Density (RHD-20) zone at 1115 and 11151/2
Seal Way.
C. In May 2012, the City Council passed an interim Ordinance amending
the terms and conditions of operations for all new and existing short-term vacation
rental properties within the City.
d. At the public hearing of November 7, 2012, the Planning Commission
received written and oral evidence on the proposed project, requested additional
information from staff, and continued the public hearing to the regular Planning
Commission meeting of December 5, 2012.
e. The subject property is located within the area commonly known as "Old
Town".
f. The subject property is described as Orange County assessor's parcel #
199-071-08; is 30'-0" x 90'-0" in size; and comprises 2,700 square feet in area.
9. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Boardwalk; Public Beach.
WEST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
EAST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
9. As of November 28, 2012, Staff has received one letter in opposition, in
response to the public hearing notices that were mailed and published regarding the
subject application.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to Chapters 11.2.05; 11.4.05.135; and
11 .5.20 of the Code of the City of Seal Beach, the Planning Commission makes the
following findings:
a. Conditional Use Permit 12-20, as conditioned, is consistent with the
provisions of the Land Use Element of the City's General Plan, which
provides a High Density Residential designation for the subject property;
6"
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 11151 Seal Way
December 5, 2012
b. Conditional Use Permit 12-20 is also consistent with the remaining
elements of the City's General Plan, as the policies of those elements are
consistent with, and reflected in, the Land Use Element;
C. The proposed use is permitted within the applicable zoning district,
subject to the approval of a Conditional Use Permit, and as proposed to
be conditioned, will comply with all other applicable provisions of the
Municipal Code;
dl. The project site is physically adequate for the type, density, and intensity
of use being proposed, including the provision of services and the
absence of physical constraints;
e. The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood and;
f. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 12-20, subject to the following conditions:
1 Conditional Use Permit 12-20 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1115 and
1115112 Seal Way.
Z The applicant shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1619-U, regarding short-term vacation rental
properties.
3. The property owner must maintain a business license while operating a short-
term vacation rental at the subject premises.
4. The property owner must continue to file the Transient Occupancy Tax
Remittance form with the City's Department of Finance as long as a vacation
rental is operated on the premises and shall pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
5. The property owner shall not rent or lease the property for periods of less than
three (3) consecutive nights.
6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
10
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115Y2Seai Way
December 5, 2012
7. There shall be no more than six (6) total overnight guests per unit and a
maximum of four (4) adult overnight guests per unit at any one time.
8. The property owner shall implement and conform to fire and life safety
requirements, as required by the Orange County Fire Authority and the City's
Building Division.
9. The property owner shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
10. First-day arrival at a vacation rental is prohibited after 930 p.m. All lease or
rental agreements must include this prohibition.
11. The two, single-car garages assigned to the units at 1115 and 1115'12 Seal Way
shall remain free and clear of any and all obstructions that may preclude
occupants from utilizing the garage space for parking and shall remain available
for any occupants to use for parking vehicles.
12. Occupants must vacate the unit before noon on their final day of tenancy.
13. Prior to occupancy of a short-term vacation rental unit, the owner shall: a.)
Obtain the name, address, and a copy of a valid government identification of the
primary adult occupant of the short-term vacation rental; b.) Require the primary
adult occupant to execute a formal acknowledgment that he or she is legally
responsible for compliance with all applicable laws, rules, and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short-term vacation rental or their guests. The
acknowledgment must include the text of Section of 7.45.010 of the Seal Beach
Municipal Code. This information and acknowledgment shall be maintained by
the property owner for a period of three years and shall be readily available upon
request of any police officer or authorized employee of the City,
14. Trash and refuse must not be left stored within the public view, except in proper
containers for the purpose of collection by the City's authorized waste hauler on
scheduled trash collection days. The owner or property manager must provide
sufficient trash collection containers and service to meet the demand of the
occupants.
15. Each new lease or rental agreement for a short-term vacation rental must have a
copy of these Permit and Operational Requirements attached to it and must
include the following terms, notifications, and disclosures, which shall be posted
in a conspicuous location inside the unit:
a. The trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash or refuse on the exterior of the property.
11
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seal Way
December 5, 2012
b. Notification that the occupant may be cited or fined by the City for any
violation of any provision of the Municipal Code, including but not limited .
to amplified sound, including radios, televisions, and other electronic
devices, that create a disturbance in violation of Chapter 7.45 of the Seal
Beach Municipal Code.
c. Notification that the occupant participate in neighborhood quiet hours by
avoiding parties and loud social events between the hours of 10:00 p.m.
and 7:00 a.m.
d. The name of the owner or property manager and a telephone number at
which that party may be reached at all times.
16. The property owner or manager must provide the City with a phone number at
which he or she can be contacted on a 24-hour basis regarding nuisance
complaints arising from the use of the property as a short-term vacation rental.
The property owner or manager must also provide the owners of the immediately
adjacent properties with this phone number as well as a copy of this resolution.
17. A list shall be posted on the inside wall next to the door of the main entrance to
each vacation rental unit indicating the names of all guests and visitors
authorized by the property owners to occupy or visit the unit. The list shall be
made accessible to any law enforcement official to ascertain who is authorized to
be within the premises.
18. Upon any change in ownership of the property, the new property owner(s) are
subject to all conditions listed under CUP 12-20, unless the new property
owner(s) elect to discontinue the use of the property as a short-term vacation
rental. The new property owner(s) shall notify the City of Seal Beach of the
ownership change and whether or not they are electing to continue the use as a
short-term vacation rental.
19. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00
A. M.
20. No business signage shall be allowed on the premises for the short-term
vacation rental use.
21. The occupants of the property shall comply with Chapter 7.15, "Noise" of the CitV
of Seal Beach Municipal Code, as the regulations of that Chapter now exist or
may hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
l2
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115Y2Seal Way
December 5, 2012
22. If there are substantial adverse impacts on Police Department services and/or in
the event that the Police Chief or designee determines that a significant increase
in police service has resulted due to the operations of the establishment, the
Police Chief or designee at any time may request a public hearing before the
Planning Commission to modify any of the conditions of approval, up to and
including the revocation of this Conditional Use Permit.
23, A modification of this Conditional Use Permit shall be applied for when:
a. The property proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of
the establishment, or a change in the number of bedrooms or significant
change to the interior space layout of the unit.
24. This Conditional Use Permit shall become null and void unless exercised within 1
year of the date of final approval, or such extension of time as may be granted
by the Planning Commission pursuant to a written request for extension
submitted to the Department of Community Development a minimum of 90 days
prior to such expiration date.
25. This Conditional Use Permit shall not become effective for any purpose
unless/until a City "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Community Development, or
notarized and returned to the Planning Division; and until the 10 calendar-day
appeal period has elapsed.
26. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
27. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
13
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seal Way
December 5, 2012
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
1 2012, by the following vote:
AYES:
Commissioners
•
Line] I a I I a 164.1 Lei A M &I
M01 I A I I a I MRI Ma Va
�� M
Owel I A I I a I MM Ma UZI
Sandra Massa-Lavitt
Greg Hastings
Interim Secretary of the Planning Commission
14
Planning Commission Staff Report
Conditional Use Permit 12 -20
1115; 1115% Seal Way
December 5, 2012
ATTACHMENT 2
INTERIM ORDINANCE NUMBER 1619 -U
REGARDING SHORT -TERM VACATION RENTAL
PROPERTIES
15
ORDINANCE NUMBER
AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH
EXTENDING AND AMENDING ORDINANCE NUMBER 1618
' |KNPUS/0G INTERIM REGULATIONS ON NEW AND EXISTING
SHORT-TERM VACATION RENTALS AND DECLARING THE
DRGENCYTHEREOF
THE CITY COUNCIL DF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
Section 1. On April 9, 2012, the Seal
Beach City Council adopted Ordinance Number 1618'U. imposing new interim
regulations on new and existing vacation rentals. This Ordinance extends and
amends the interim regulations for new and existing vacation rentals established
by Ordinance Number 1818-U.
Section 2. Interim Regulations. Notwithstanding any other ordinance or
provision of the Municipal Code, no property shall be used as a vacation rental
while this Ordinance is effective except as permitted by the interim regulations
set forth in Section 7 of this Ordinance.
-Section 3. Term. This Ordinance shall expire, and the interim
regulations established hereby shall terminate 10 months and 15 days after the
date of its adoption unless extended by the City Council at u regularly noticed
public hearing pursuant to California Government Code Section 85D58.
Section 4. CEQA Finding. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption of this ordinance, and
_
the environment. The ordinance imposes greater limitations on vacation rentals
in the i the bipo
will thereby serve to reduce potential significant adverse environmental impacts.
It is therefore exempt from California Environmental Quality Act review pursuant
to Title 14, Section 15061 (b)(3) of the California Code of Regulations.
Section 5. PeDg1ly. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not (o exceed $1,000
or by imprisonment for a period not to exceed 6 months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject
to'abatement as provided by all applicable provisions of law. It shall be a violation
of this Ordinance for a property owner to permit or fail to correct within 3 days of
receiving notice: (i) any violation by a vacation renter of this Ordinance or
Chapter 7.15 of the Municipal Code (Noise) or (ii) any public nuisance created by
a vacation renter in violation of Chapter 7.35 of the Municipal Code.
Section 6. Legislative Findings. On May 12, 2012, the City Council
considered the adoption of this Ordinance at a duly noticed public hearing and un
the basis of the record thereof finds the following facts tobmtrue.
-- o. The City's location and proximity to the coast makes it a
popular destination for tourists, many of whom choose to stay in residential units
such as, but not ||mKad Lo' single-family and mu@p(e'family dwelling units,
apartment houses, nondominiumo, cooperative apartnentm, trip/exom, and
duplexes una fewer than 3O days basis an vacation rental units.
b. Based on experience in the City and in other jurisdictions, it
is known that short-term vacation rentals have the potential to create negative
land use impacts for neighboring naoidmnUa| uses. These include but are not
Ordinance Number 1G18'U
limited to noise disturbances due to late night arrivals and parties with numerous
guests and amplified music, insufficient parking, and unsanitary and unsightly
trash accumulation. These problems are exacerbated when multiple units on the
same property are rented on a short-term basis at the same time and/or to large
groups. Moreover, because short-term occupants do not stay in the residence
for longer periods, they and their guests have less personal incentive to
moderate their behavior to avoid negatively impacting neighboring residents.
C. The City Council previously enacted Section 11�.05135of --
the Municipal Code which requires vacation rentals to meet certain minimum
operational standards. Notwithstanding enactment of Section 11.4.05.135.some
vacation rentals in the Qty have continued to negatively impact neighboring
residents.
d. After the adoption of Ordinance Number 1618-U, the City
Community Development Department began to study the adequacy of its existing
ordinances regulating vacation rentals. The Planning Commission, the City
Council and the people of Sea] Beach require a reasonable, limited, yet sufficient
period of time to consider and study legally appropriate and reasonable policies
regulating vacation rentals in order to prevent negative impacts on neighboring
residents. Given the time required to undertake the study and planning this
situation calls for, the City Council finds that it is necessary to enact interim
regulations to ensure that operation of vacation rentals that may be in conflict
with the contemplated new development policies are not permitted in the interim.
The City Council has the authority to adopt an interim ordinance pursuant to the
City Charter and Government Code Section 65858 in order to protect the public
health,-safety, or welfare.
e. Accordingly, the City Council finds that there is a current and
immediate threat to the public health, safety and welfare presented by operation
of vacation rentals not in conformance with the interim regulations set forth below —`
in Se^"=' ' The summer rental °=a""` is rapidly approaching and the |
operation of vacation rentals pursuant to the City's existing regulations will result
in that threat to the public welfare unless the interim regulations are immediately
effective. Due to the foregoing circumstances, it is necessary for the
preservation of the public health, safety and welfare for this Ordinance to take
effect immediately. This Ordinance is an urgency ordinance for the immediate
preservation of the public peace, health, and safety within the meaning of
Government Code Section 36937(b) and therefore shall be passed immediately
upon its introduction and shall become effective immediately upon its adoption.
—
t All legal prerequisites to the adoption ofdhis Ordinance have
Section 7. Interim Regulations. Notwithstanding any other ordinance or
provision ni the Municipal of the CKyofSeal BmacUvacationmntalamud
comply with the following interim regulations.
a. Conditional Use Permit Required. No vacation rentals shall
operate or be established unless the property owner obtains a conditi6nal use
permit ("CUP') in compliance with Chapter 11.5.20 of the Municipal Code. To
mitigate the impacts of such rentals on the surrounding neighborhood and City
_
infrastructure and services, the City may impose reasonable conditions of
approval including but not limited to maximum occupancy levels, maximum visitor
levels, off-street parking requirements and traffic mitigation measures.
b Limited to Old Town. Vacation rentals are conditionally
permitted only in Old Town (Planning Area 1 excepting Surfside). Vacation
rentals are prohibited in all other Planning Areas, including but not limited to the
areas commonly referred to as the Hill, Leisure World, College Park East, and
College Park West.
Ordinance Number 1619-U
C. Business License Required. The property owner must
obtain a business license prior ho operating nr establishing a vacation rental.
d. The m rty owner must
complete the Transient Occupancy Tux Remittance fbmn prior to operating or
establishing a vacation rental and shall pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
o. Maximum Length of Sta . Visitor occupancy shall bolimited
� $ua maximum nf2S consecutive days.
'-- f. Fire and Life Safet . The property owner shall implement
d conform to fire life safety requirements required by the Orange
Fire Authority and the City's Building Division. These requirements include, but
are not limited to approved smoke detectors in each lodging room, installation of
an approved fire extinguisher in the structure, and the inclusion of an evacuation
plan posted in each lodging room.
g. Annual Inspection. The property owner shall comply with the
annual fin* and life safety certification procedures of the Orange County Fine
Authority.
h. Secondary Use. A vacation rental in commercial zones shall
be conditionally allo only in conjunction with an approved commercial use,
|' Check-in Time. First-day onive| at a vacation rental is
prohibited after 9:30 p.m. All lease or rental agreements must include this
prohibition. '
j. Vacation nantom must vacate the unit
before noon on the final day o[ their tenancy.
--
occupancy of a annm*enn vacation rental unn, the owner shall: 0 nmum the
name, mddreoo, and a copy ofovalid government identification of the primary
adult occupant of the short-term vacation rental; and () require the primary adult
occupant to execute a formal acknowledgement that he or she is legally
�
responsible for compliance with all applicable laws, m/mu and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short-term m0001ion rental or their guests. The
acknowledgement must include the text of Section 7.45.010 of the Municipal
Code, which provides asfollows:
"Upon the initial response of the police department to any
disturbance involving loud, unnecessary and unusual noise, the
chief of police may, in lieu of or in addition to taking other action
authorized by law, give notice to the person or persons in actual or
apparent control of the activity creating the disturbance, or to the
person or persons in actual or apparent control of the property or
promises wherein the disturbance has occurred, or both, that
liability may be imposed upon the person or persons receiving such
notice for the costs to the city of any subsequent response by the
police department in connection with any continuation or
resumption of such disturbance. Such notification shall be in such
form as may be approved by the chief of police. The costs of any
subsequent response shall be assessed to the person or persons
receiving such notice and shall include all costs reasonably
incurred by the city in providing law enforcement services and
equipment at the scene of the disturbance, including the cost or
value of the time expended by police department personnel in
making any subsequent response. The method of computing such
costs shall be established by the chief of police and approved by
the city council. The finance department shall invoice such costs to
Ordinance Number 1818-U
the person or persons liable therefor, under this chapter, and such
costs shall constitute u debt to the city and becollectible by the city
in the aemo manner as in the oeoe of an obligation under a
contract; provided, however, that in no event shall a person's
liability hereunder exceed $1.000 for any single subsequent
response."
This information acknowledgment be maintained by the owner
for a period of three years and shall be readily available of any —
police officer or employee m the city authorized m enforce this Ordinance orany
applicable law, rule or regulation pertaining to the use and occupancy of the
short-term vacation rental.
L Tmob Trash and refuse must not be left stored within public
view, except in proper containers for the purpose of collection by the City's
authorized waste hauler on scheduled trash collection days. The owner or
property manager must provide sufficient trash collection containers and service
tn meet the demand of the occupants.
M. Each new lease or rental for
short-term vacation rental mud have a copy of these Permit and Operational
Requirements attached to it and must include the following terms, notifications
and disclosures, which shall also be posted in aoonapinuouo location inside the
unit:
L The trash pick-up day and applicable rules and
regulations pertaining to leaving or storing trash or refuse on the exterior of the
property.
ii. Notification that the occupant may be cited or fined by
the of any provision of the Municipal Code, including but not _
limited to amplified sound, including radios, televisions and other electronic
devices, that creates a noise disturbance in violation of Chapter 7.45 of the Seal .
Beach Municipal Code.
iii. A recommendation that the occupant participate
voluntarily in neighborhood quiet hours by avoiding parties and loud social events
between the hours of 10:00 p.m. and 7:00 a.m.
iv. The name of the owner or property manager and
telephone number at which that party may bm reached at all times.
n. Response to Complaints. The property owner or manager
must provide the City with a phone number at which he or she Gan be contacted
on a 24-hour basis regarding nuisance complaints arising at of from the use of
the property as a vacation rental. Upon receipt of a nuisance complaint or upon
notification that any occupant or guest of the short-term vacation rental has
created unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of the Municipal Code or any state law, the owner or
property manager must respond within 45 minutes of receiving such notification
and must promptly take corrective action to immediately prevent a recurrence of
such conduct by those occupants or guests. Failure to timely respond to calls or
complaints as required or take timely corrective action regarding the condition,
operation, or conduct ofoccupants of the short-term vacation rental shall be a --
violation of this Ordinance. Nothing in this Ordinance shall be construed to
require nr authorize an owner orpnzpo�y manager 0n�tuaa peace off�erorto
intemeneinoitu��/onxth��pommo risk \o personal safety. The owner orproperty
manager must maintain records of the name, violation, date, and time nfeach
complaint, disturbance, and /oopnnoa and oonoothm action by owner. Such
records must bo maintained for o{ least three years,
0. On-Site PropertV Owner or Property Manager Required for
Vacation Rentals In Excess of 2 Units. A property owner or property manager
shall reside on each site that contains more than 2 vacation rental units. Such
Ordinance Number 1G19-U
property owner or property manager shall be responsible for compliance with the
operational and performance standards set forth in this Ordinance.
p. Additional Conditions. Additional conditions on the use of
any given short term vacation rental unit to ensure that any potential secondary
oMsmts unique to the subject vacation nanto| unit are avoided or adequately
mitigated may be imposed pursuant to any CUP required by this Ordinance.
Section 8. .
a. In order to continue renting any unit as a vacation renta/, the
property owner ofany odot|ng. |ioonaod vacation rentals shall file an application
for oconditional use permit on or before July G. 2012. For the purpose of this
ordinance, "licensed" shall moan avaoation oanto| as to which as of January 1,
2010, the property owner had and. thereafter, has continuously maintained u
valid business license, and has registered to pay the Transient Occupancy Tax,
and has paid such tax infull compliance with the Title 4: Revenue and Finance,
'
Chapter 4.35: Transient Occupancy Tax of the Municipal Code.
b. Interim Ordinance Number 1G1O'U provided an opportunity for each
property owner of an existing, licensed vacation rental 10 continue renting
vacation rentals ifheor she supplied 10 the City proof ofa rental agreement for
use of a vacation rental unit after the effective date of that Ordinance, subject to
certain provisions contained therein. The City did not receive any such proof
either within the prescribed time, o/aoof May 3.2O12.
C. On or before July 6,202, any property owner may request from
the City Council an exemption from, or extension of the terms and provisions of
this ordinance, in order to amortize the property owners investment. Such
request must be made in writing setting forth the reasons for the request, a
proposed abatement period after which the owner either ceases renting any unit
for use of vacation rental unit or obtains a CUP to permit such ooe' and all
-- supporting evidence. The owner shall bear the burden of proof. The City
Council shall consider the request ato public hearing and may consider the
following; (0 the length of the proposed abatement period in relation to the
ownor's investment in the use of the property as a vacation rental; (ii) the length
of time the vacation rental was operating pirlor to the date of nonconformity; and
(III) the potential harm to the public if the unit or units are rented on a short term
basis after July 6, 2012. The decision of the City Council shall be final.
Section 9. Severa8bility. If any 000bon, oubneotion, subdivision,
paragraph, sentence, clause or phrase of this ordinance or any part thereof is for
any reason hold to be invaid, such invalidity shall not affect the validity ofthe
remaining portions of this ordinance or any part hereof. The City Council of the
City of Seal Beach hereby declares that it would have passed each section,
subsection, subdivision, punogmph, sentence, o|euoa or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases bo declared invalid.
Section 1O� The City Clerk shall certify to the passage and adoption of
this Ordinance and shall nouen the same ora summary thereof to be published
and posted in the manner required by law.
Ordinance Number 1619-U
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof hold on the 14th day of May 2012.
ATTEST:
-Cit derk' — ' L
STATE OF CALIFORNIA I
COUNTY OF ORANGE SS
CITY OF SEAL BEACH
Quinn M. Barrow, City Attorney
1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing ordinance is an original copy of Urgency Ordinance Number
1619 -U on file in the office of the City Clerk, passed, approved and adopted by
the City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting held on the 14th day of May , 2012
by the following vote:
HAM =I- -
NOES: Council Members � t Lltm D
ABSENT: Council Members t A/&)1Vn
ABSTAIN: Council Members
and do hereby further certify that Urgency Ordinance Number 1619-U has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
r
LA
'6ity'Olerk
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115Y2Seal Way
December 5, 2012
ATTACHMENT 3
LETTER RECEIVED IN OPPOSITION TO THE
PROPOSED PROJECT
16
Y, --) �-, ��
�
/ 7 �6 "'- 0
j 10 r c
" 16
. ,
-J,
/Illy
/" f �/ L'i -pj /-)(
h1b
u -
. f-5
r17
/,7, e 0- / cr
i' ,f
C / 'L
x1c � c� �
cr
c
17
67
_impact of successive projects of the same type in the same place
over _s_ign_iflcan_t.14_CalCode Regs §15300,2(t)), T"Totably,
under the vatirc ing of this CEO-A Guideline, this exception is n1u`ro11;V_
er than the broad definition of cumulative impacts as defined and
applied elsewhere in CEQA practice. Generally, in CEQA practice,
a cumulative impact is a change that results from the incremental
impact of ft� �ggtJ�n to other
_�ro question h added e �l
14 Cal Code Regs §15355(b); see generally §§13.37-13,53. In apply-
ing this exception, however, the cumulative impact must result from
"successive projects of the same type in the same place." *14 Cal
Code Regs §15300,2(b).
In East Peninsula Educ. Council, Inc. v Palos Verdes Peninsula
Unified Sch, Dist. (1989) 210 CAM 1,55, 258 CR 147, the school
Application of Common Sense Exemption
The lead agency considers the possible applicability of the com-
mon sense exemption as part of the second tier of preliminary review
O'l an action, when the agency is evaluating whether an activity
that is a project subject to CEQA may nevertheless be exempt.
14 Cal Code Regs §15061(a), (b)(3); Muzzy Ranch Co. v Solano
County Airport Land Use Comm'n (2007) 41 C4th 372, 380, 60
CR3d 247. In making the required determination that there is no
possibility that the activity in question may have a si nificant effect,
the agency must make a factual review of the record to determine
whether the *exem, tion applies. As the California Supreme Court
stated in Muzzy Ranch, "whether a particular activity qualifies for
the common sense exemption presents an issue of fact and the
a !g�.e_rnicv invokin�Lythe exem �tiop has the burden of demonstrating
that 41 C4th at 386.'-
Before the California Supreme Court's ruling in Muzzy Ranch,
a series of appellate decisions had set a different standard for applica-
tion of the common sense exemption, generally ruling that the use
of this exemption could be defeated by as little as a reasonable
argument that a si nificant impact. Davidon
Homes v City of San Jose (1997) 54 CA4th 106, 188, 62 CR2d
612 (agency must refute reasonable argument against exemption,
-to ac certainty); Dunn - Edwards Corp. v ay Area Air Qua ity Mgmt.
Dist. (1992) 9 CA4th 644, 11 CR2d 850 (wYen evidence -ispresented
to lead a -enc in possibility of inipact, agency cannot
cannot rel on absenof sutino�rtin data, because agency say -with
effect certainty that there is no�ossibility of si nit�cant on -
ment); Myers v board of Supervisors (1976) 58
3d 413, 427,
129 CR 902 (explicit claims that adverse impacts 1 result, even
rf exaggerated or untrue, are sufficient to defeat e use of this
exemption). Moreover, in the most recent case before Muzzy- Ranch,
the court in California Farm Bureau Fedn v California Wildlife
Conserv. Bd. (2006) 143 CA4th 173, 186 n7, 49 CR3d 169, noted
that the standard for application of the exemption was uncertain.
The court in Muzzy Ranch did not explicitly reject these earlier
decisions, and cited them to support its ruling that the application
of the exemption must be supported by record evidence. It is clear
from language of the Muzzy Ranch decision, however, that the ap-
plication of the exemption is to be decided based on whether record
evidence supports the exemption, because the court cited Davidon
Homes for the proposition that it is particularly important for the
lead agency to produce evidence supporting its determination when
ooFOnents have raise arguments against t e use of e exernotion.
section 42 § 12181 (7)(A) states, "(7) Public accommodation
The following private entities are considered public accommodations for purposes of this subchapter,
if the operations of such entities affect commerce—
(A) an inn, hotel, motel, or other place of lodging, except for an establishnent located within a
building that contains not more than five rooms for rent or hire and that is actually occtticl the
proprietor of such establishment as the residence of such oroprietor,
(B) 42 § 12182 (a) General rule,
(C) No individual shall be discriminated against on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place
of public accommodation by any person who owns, leases (or leases to), or operates a place of public
accommodation.
This is something that is now being challenged in Big Bear and Lake Tahoe. A group of investors
representing hotels, motels and irins are trying to eliminate its competition in Big Bear by using the
ADA law against vacation rental agencies and home owners. In Lake Tahoe an individual that
happens to be an attorney with a handicap is pursuing law suits against commercial properties,
businesses and vacation rentals such as homes and condos. This individual is both enforcing
compliance with ADA requirements and seeking cash settlements that are ranging in the thousands of
dollars.
For those of you that are not familiar with the vacation rental market, it is a home owner that rents
their home on a nightly basis but it is usually infrequent. In large, the income earned is not substantial
and most are happy to realize enough revenue to pay a small portion of their property expenses. For
example the average occupancy might only be two months out of the year. At $150 per night this
could equate to a gross amount of $8,000 to $10,000 per year. Minus the management fees and you
might have enough to pay the property tax bill.
Obviously, vacation rentals are not a profit making venture. In its aggregate form, the rental agencies
are able to make a profit by managing dozens of these properties. The vacation rental business as a
whole does represent a significant percentage of the lodging business. As more home owners use their
homes for vacation rentals it does make an impact. The Big Bear lawsuit did exempt the rental
agencies from any liability due to ADA compliance. Because the rental agencies did not own the
homes, the judge did suggest that the home owners themselves could be liable. The door is now open
to an attack on the home owners.
Many of you understand that building codes change every year. If a home owner were to be held
liable for every code change, you could imagine the huge cost of renovation that it would extol. That
is why homes are grandfathered for future codes. However, a major remodel could make the home
owner eligible to comply with current codes. Shouldn't a home owner have the same protection from
ADA laws regardless of usage? Should an infrequent rental be considered as public access?
Don't get me wrong. I believe that public entities should create public access for everyone which
includes the handic
which includes me.
In fact many � s
we grow older, w,
ndicapped at some point in our life
s in my es - in Brest an yours to
make sure this happens. But to what extent should this apply? What is reasonable? If the above
mentioned plaintiffs are successful with enforcing ADA compliance with individual home owners, is
this an infringement on our individual ownership rights? I look forward to your comments.
http : / /www.hotwiretotahoe.com /is- the -ada- compliance - infringing -on -home- owner - rights/ 8/20/2012
Planning Commission Staff Report
Conditional Use Permit 12 -20
1115; 1115% Seal Way
December 5, 2012
ATTACHMENT 4
PROJECT PLANS
17